Kahnawake Family Homes Law expected to be signed into law on Monday

10/23/2014

The Mohawk Council of Kahnawà:ke would like to inform the community that the Kahnawà:ke Family Homes and Matrimonial Interests Law (‘Family Homes Law’) is expected to be given formal approval through a Mohawk Council Resolution at a Council Meeting scheduled for Monday, 27 Kenténha/October, 2014. 

Once approval is given the law will come into force through an additional Mohawk Council Resolution to be passed before mid-December, the deadline imposed by the Federal government.

The Family Homes Law is Kahnawà:ke’s response to Canada’s S-2 ‘Matrimonial Real Interests’ legislation, which comes into effect in December of this year; First Nations that do not have their own law on the matter of matrimonial interests (more specifically, the division of property when a marriage or common law relationship ends) will fall under the jurisdiction of the Federal law which, for all intents, gives provincial courts the jurisdiction to hear such matters.

Since the mandate to create a Kahnawà:ke law was given in September 2013, community support has been almost unanimous. Consensus was reached to approve the draft Family Homes Law on September 4, 2014.

“We’d like to thank the community members for their participation in the process,” said Chief Clinton Phillips. “We’d also like to thank our staff for all of their hard work and due diligence in creating this important piece of legislation.”

Once the Kahnawà:ke Family Homes and Matrimonial Interests Law comes into force, it will be re-submitted for the regular Community Decision Making Process, in accordance with Kahnawà:ke’s legislative procedures. The Kahnawà:ke Legislative Coordinating Commission will have to ensure that this process begins within a year and a day of the law coming into force.